Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Absence of specific denial to the allegation made in plaint, is treated as admitted...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Setting aside - Condonation of delay - Denial of signatures by defendant on the vakalatnama and compromise as summons were not issued to him - Burden was on plaintiff to prove that compromise as well as vakalatnama was genuine - Since no evidence has been adduced in this respect by plaintiff,..........
Service -- Promotion - Mala fide denial - If calculation of marks made by respondents on various aspects of ACR of appellant is believed to be true, then also he has achieved the required benchmark - Action of respondent in deliberately ignoring the claim of appellant is vitiated in law as the same is contrary to Rules and records of ACR for the relevant period and..........
Protection of Women From Domestic Violence Act, 2005, Section 3 -- Domestic violence - Economic abuse - Denial of economic support/sustenance to a divorced wife living penury would amount to `economic abuse' constituting domestic violence under the Act, as continuity of joint residence in a shared household or domestic relationship inter se is not a sine qua non for..........
Service -- Promotion - Denial on the basis of u, communicated adverse Annual confidential reports (ACRs) - Tribunal directing communication - Confidential reports made available to petitioner and his representation considered and rejected by competent authority - Held, after ACRs being communicated and representation rejected, Tribunal should not treat the same as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Funds insufficient - Loan amount - Legally enforceable debt - Documents on record prove that an amount of Rs.30 lakhs was transferred from the account of complainant to the account of accused - Accused did not dispute signature/execution of Loan Security Bond and a Promissory note - Evidence on record..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- L.R's - Abatement - Abatement results in denial of hearing on merits and provision of abatement has to be construed strictly, but prayer for setting aside abatement and dismissal consequent upon an abatement, have to be considered liberally - Court have to adopt "a justice oriented approach" dictated by the utmost..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ex parte order - Denial of marriage by husband - Husband contracted second marriage without consent of his first wife - Husband cannot deny maintenance to first wife as he cannot be permitted to take advantage of his own wrong - Moreover, no recall application against ex parte proceedings was filed nor husband..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ex parte order - Denial of marriage by husband - Husband contracted second marriage without consent of his first wife - Husband cannot deny maintenance to first wife as he cannot be permitted to take advantage of his own wrong - Moreover, no recall application against ex parte proceedings was filed nor husband..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for injunction - Sought to be converted into a suit for declaration of title and recovery of possession - Amendment sought in view of denial of title and due to alleged encroachment by defendants in violation of temporary injunction - By allowing amendment nature of suit will not be altered and even..........
